HONGKONG IRON MINING
CO. LTD.
(Continued from page BA The contention is, however, that the agreement of 1905 is nothing else than an
THE HONGKONG DAILY PRESS, WEDNESDAY, MAY 27TH, 1914.
la not met with in the English authorition The note (8) to this pass age is as follows: Lord Eldon seems to have denied it. 3 Dow, at p, 20, Transactions of this kind, when they occur as they extend, in the same way no in England, are dealt with, so far ordinary partnerships-See Reid
be more thoroughly rested, and expens must be incurred in so testing it, and D agree to form syndicate which shall find the requisite funds. The patent rights are made over to the say, 1/3 of the shares in the syndicate syndicate on the footing that A shall have,
pay up their shares in cash.
the agreement the expense to be paid are those of the same operations plus those incurred in relation to the company ap to incorporation
Then the last clause These presents the said agreement fody than in so far shall not be deemed to determine or affect
LASSITUDE IN HOT WEATHER.
La the prevailing trying weather every depressed with the result that men are function di1 the body, is mars - or, less
routine of work by for able to get through their daily To overcome this laasitude and restore
agreement of partnership, and that under Hollinshead (1825) 4 B and C 887. free, and that the other aubscribero shoes they may relate to the particular pre sensation of well being which every-
tinuance of our joint venture.
Venturers,"
to purchase some mining
greater
NOTICES TO CONSIGNEES
AMERICAN & MANCHURIAN LIN B.
NOTICE TO CONSIGNEES.
FROM NEW YORK AND SINGAPORE
Steamship
here informed that their Goods are Folyong und Kowloon Wharf wifi Goo landed at their risk into the Godown of Com-Limited, Kowloon, and stered a to be left in the Godowns, where they will be mined on WEDNESDAY, the 27th Inst., a All broken, oliafod, and damaged Goods are Consiguses" risk and expense.
a CITY OF NORWICH,” Captain McMillan, having arrived the ahore Ports, Consignees of Cargo are
10
date for not hosted All Claims must be s DAYS of the Steamer's arrival here, after wilck presented within FIFERUN
No Claims will be admitted after the Gooda.
statutory the plaintiff, being a partner of the defendant, is not in the plaintiff for what it may be worth one of the colonies an option series or in are the subject matters of all, this restored, for the nervous system rules the TEE
think therefore against the (2) has obtained in America hereof has one desires the nerve force must be fully
miges comprised in such agreement which absence of agreement, entitled to Then it was urged that it could not be reusneration for acting in the partner supposed that Messrs. Chater and Mody money is wanted to send out An the partnership venture of 1905 except supplies of protein and phosphorus, the ship business. Mr. Sharp referred to would enter into partnership with two independent expert, and perhaps to work in so far as that venture has arrived at volements of food as they may
property, later agreement is not to put an end to whole body. This demands afficient the statutory definition of partnership-mining engineers they had not seen before the company to a limited extent and fruition in the iron mine, the subject called sings without them the nervous "the relation which subsists between 1905. But this does not seem to me of thus prove its capabilitica. O places matter of this agreement. Everything system cannot remain healthy. persons carrying on business in common much importance. The partnership had his option or contract Bed know else is to go on as before. But there is with a view of profit and laid stress on very limited scope the capitalists ladged at the disposal of the syndicate in the further provision that nothing in the in Salfogod, the phosphorus being in Protein and phophorus are combined various expressions in the agreement, expressly reserved the right to withdraw consideration of shares in the syndicate. earlier venture is to be affected by any the exact form in which it exists in the You will not with us. Then, the words at any time. The whole of the accounts The syndicate then obtains the necessary thing herein except in so far se it may Sanatosan always restores the body following giving the scope of the enter and the office work were apparently in reports, works the property more or less relate to premises of the earlier which strength, revitalises the blood and rein- prise were and interest in the their hands. It is not difficult to suppose and resells it at a prost, either to some are the subject matter also of this agres vigorates the nervous system when they body and nerves. This explains ry venture." Then in clause 4—all dis that they considered themselves safe company formed for the parpoes of ment that is to say, the iron area, coveries made by us during the con guarded against any undun pledging of acquiring at aristaetory who is willing I think the scope of this agreement of India's hot weather produ shall be the property of the joint men who go into mining enterprises are It mema to me that the document undering or leading up to the iron minu, and anatogen in such weather the Hon. Mr.
their credit Moreover, if I may say so, to buy it on satisfactory terms,
1906 is expressly limited to matters relat lassitude than China's. To the value of usually sanguine, otherwise they would consideration is in effect an agreement of great gains and are prepared to discount instances given by Mr. Palmer, and that covered by it. That then is, I think Court, Lahore, Attests Mrs. Kensington not touch them at all. But they expect partnership, on all fours with the that the other expenses are not Justice Kensington, Judge of the Chist if in the remainder of this judgment I ship relation must attach I have gone determining exactly what exponses are satisfied with 10 Mr. Kensington has minor risks. It will perhaps save time the ordinary consequences of the partner the basis on which the account should write I have tried Sanatogen in the refer to Sir Paul Chater and Sir into the question at some longth because attributable to the iron taine and thero Teo taken it, and we have both found it be taken. There may be some difficulty in great heat of Lahore and am absolutely Hormusjce Mody as the capitalists, and it was strenuously argued, and le to Messrs, Lanzius and Macmillan as the course a matter of great importance to will be of course leave to apply Again: wonderful reviver and tonic, gesind experts. This was in fact the true the plot if I do not propose, however, I have been obliged in considering this position of the parties.
to deal in detail with the cases cited for issue to make assumptions of tact which Chemiste, in bottles of two sizes.
Sanatogen can be obtained of sil the plaintiff I have considered them I believe will be assented to and are most carefully, but they can all be substantially correct. If either party
[111-8. 809 differentiated and fall I think into four think these assumptions erroneous or main classes: Promoters cases, employ believes that I might have decided differ tent cases, co-ownership, and cases on ently it all the circumstances had been cedent to the partnership relation. On liberty to call evidence on the point and the liability of partners for acts ante before me, then of course they are at the whole I am of opinion that the I will suspend my final decision till that
there are two questions here; the first is whether the writ of summons is wide enough to cover the amendments of the is, and the amended statement of claim statement of claim. In my opinion it
is not is not parred by the statute if the writ
of
Of course it is true that this agreement is what lawyers call an inartificial document. parties to it thought that it contained have no doubt that the everything that was necessary between them. When people go into a venture of this sort they are very often in a hurry They have a certain confidence in each other, and they hope that their under taking will be successful. In these circumstances they are often content with A rough agreement and they usually intend later on when the matter matures to put their undertaking into a more formal shape. I do not know where the draft of this agreement came from, but we are told that it was produced by was in his own hand; the draft was which they are as between the parties went and that the ordinary partnership. Then: As to the Statute of Limitations, ANHUI, British str, 1,355, G. W. Eedy, plaintiff in the first instance and that it capitalists should control an outlay for document of 1905 is a partnership agree evidence is taken. A WARMER alterations by the defendant's solicitor. solely responsibition is that the exper
subsequently approved
with
certain
Now the statutory definition of a partnership is very simple and concise, but it is of course often extraordinarily difficult to apply its terms to any given case. The rules provided by the Act for the determination of the question whether in any particular case a partnership does or does not exist are mainly in a negative forms, and as Lord Lindley points out at p. 25 (7th edn.) they only state the weight to be attached to the facts mentioned in the section when such facts stand alone. As the learned author states: "One main principle to be kept in view is that regard must be paid to the true contract and Intention of the portion as appearing
any suggestion of the
The next objection is that the cost of the prospecting outfit and expenses, and the ontlay for the acquisition of mining rights, as well as the decision to exploit or ant to exploit discoveries, was in the it does not seem to me inconsistent sole discretion of the capitalists. Bat with the partnership rolation that the
The
relations exist between the parties to it for the purpose of the undertaking. fore in the negative
The answer on the first issue is there
The second issue, as I bave already said, must stand over till the trial
the account of expenses offered by the The third question is upon what basis defendant is to be taken. The answer depends on the construction of the agree meat of 10th October, 1008. The parties are Sir Paul Chater of the 1st part, Mr: us and Macmillan of the 3rd part.
ship laime. I think it clear that in the case of any claims by partners against the The second question is as to partner-
partnership accounts, the statute does not begin to run until the partnership is partnership or which лау. involve
determined,
At the conclusion of the judgment Mr. Alabaster applied for general account question, be said, was basis, and they had and costs of the action. The outstanding succeeded in establishing that
Mr Sharp opposed the application, and following a somewhat lengthy argument his Lordship deferred the question.
Whereas by La agreement dated 22nd The firet recital is as follows:- July, 1905, the said parties hereto agreed to prospect for minerals and it thought develop the same in the New Territories advisable to acquire mining rights and and adjacent British Islands upon (inter ulin) the terms that the said parties hereto of the 1st and 2nd parts were to have interest, and the said parties hereto of the 3rd part 1 interest Whereas operations have been con in the venture. The instrument proceeds: ducted under, and in pursuance of the said agreement whereby the party hereto of the 1st part is shortly to obtain a certain mining lease, and three certain mining licences under the Prospecting The Rev. E. W Norris, chaplain to and Mining Order 1000 of the Legislature H.M. Forces at Chatham, in addressing enquire what is the meaning of the word said there were 60,000 total abstainers of the said Colony. I pause here to a men's service in Rochester Cathedral, operations at the beginning of the among the British troops today In
SOBRIETY IN BRITISH ARMY,
56,000 TOTAL ABSTAINERS,
SHIPPING IN PORT
STEAMERS.
ABASENDA, American str., 2,600, E. V. W. Keen, 19th May-Manila 8th May,
left the Godowns, and all Goods remaining red after the 27th inst, will he subjuri to rent.
No Fire Insurance has been effected. Bills of Lading will be countersigned by
SHEWAN, TOMES & CO.
Agente Hongkong, 20th May, 1914. ^
(731
AND
NOTICE TO CONSIGNEES.
✅ THE P. & O, S. N. Co.'s Steazzer
*DEVANHA," Arrived Hongkong on 21st May, 1914, FROM BOMBAY COLOMBO Nil-Order, Fede
4th May Shanghai 4th May, Grensel are hereby informed that their goods ar
STRATTE Consignees of Cargo by the above-nazak: BORNEO, British str., 2,910, P. G. Bam, being landed and placed i mene er to the
eral Butterfield & Swire, dire
eral P. & D. S. N: 00. Company Godown at Kowloon, where cank 84th May-Londen 18th March, Gen- Hongkong ang Kowloon Wharf and Godown CARNARVONSHIRE, British str., 5,955, L. W. Consignment will be sorted out Mark by Mack
CHINA, American str. 3,116, H. Thomp
and delivery can be obtained, an the Goods Bolland, 25th May London 14th April, General-Jardine, Matheson,
are landed. & Co.
May, General-Pacifo Mail 6.5. Co CHO SING, German str., 1,081, G. Monk son, 19th May-San Francisco 18th
witz, 19th May Bangkok 13th May,
Rice-Butterfield & wire,
This vessel brings on Cargo-
From London, de, ez na. “Marmora." From Persian Gul, or a B. I. 8. N. and B. & P. B. N. Cola Stemm.. Optional Gods will be baded here unic
to
within
instructions we given
6 hours within 8 days including
Goods not êleared
DEVAWONGSE. Brit. str., 1,647, C. W. Shearer, date of arrival will do about to rent. EMPRESS OF INDIA, British str., 3,038, Damaged packages must be left in the Go 23rd May Saigon 19th May, Rice-A-No Fire Insurance il po afected by me Bunin sny case whatever. A. J. Hailey, 22nd May-Vanouver, sowns for examination by the Consignees, and B.C., 80th April, General-Canadian the Company's Surveyors, Moss GONDAST Pacific Railway Co.
and Douglas, at 10 AM on MONDAYS and ESANG, British atr., 1,127, W. P. Baker, within ten days of the steamers arrival here, THURSDAYS. All claims must be presented esth May-Swatow 3rd May, Gen oral-Jardine, Matheson & Co. after whigh date they cannot be recognised, FERNLEX, British str., 2,005, Appleton, have left the frodowas.
No claim will be admitted after the goods 24th May-Moji 18th May, Coal- Order.
E. A HEWETT, GEMINI, British str., 1,368, E. Jones, 9th
Superintendent. May Bangkok 1st May, Rioe-A.
Hongkong, 31st May, 1914. Bune & Co. Pap GLENFALLO, British str., 1,434, Gardner, 28th May Singapore 19th May, Gen-
"BEN" LINE OF STEAMTES. eral Chinese1010, 3. Bakker,
NOTICE TO CONSIGNEES. 22nd May Singapore 18th May,
· Bulk Oil Asiatic Petroleum Co. HINBAND, British str., 1,885, J. L
28th May-Sandakan 19th May, Gen eral-Jardine, Matheson & Co. HONGKONG, French str. 739, A.
were only to share in gross results, Now the agreement of 1005 is not a trading agreement. Actual ming working in the sense of winning ore in commercial quantities and putting it on the market is not yet contemplated. That was loft for a further stage. I do not see that the distinction betwean gross and act returns is of any real importance here. Let us consider care adventure, in the fullest This was an in Lanzius sense of the word, to the furtherance of which the adventurers of either part were willing to make contributions partly indefinite. The experts were, as I read from the whole facts of the case. not think that in a rough agreement of firstly, something which though its value I do the agreement, to put into the pool, this kind it is possible to draw any was as yet unascertained was obviously decided inference from the absence of regarded by both parties as having some particular provisions which are usually positive value, that is to say, the dia found in a more formal document drawn coveries already made. Secondly, they by a conveyancer. The only useful bound themselves for an indefinite not
ethod in to take the agreement as a of course an unlimited-period whole and by comparing all its parts to contribute their own skill and labour, to endeavour to arrive at the true intention. On the other side the capitalists were te of the parties. First of all, I will say contribute the cost of the prospecting that I do not think this is a contract of outfit up to a certain maximum; secondly agency. It does not road to me like a they were to contribute up to an amount, contract of service. You will act with indefinite except that it was limited by during the continuance of our their own direction, to the expenses of joint venture," "shall be the property of the joint venturers none of this nas rather an indefinite word, which might prospecting. They were also to find employer and employed. relationship of
nean an advance on the one hand or on and recital. This term is not found in some regiments there were from 600 HALIOTIS: Dutch stereo Again, if it was intended to constitute the other final payment) such sums as the relation of master and servant, they should think it for the acquisition think it very remarkable that no
of mining rights. And, tourthly, they remuneration was explicitly stipulated were obviously bringing into the credit The plaintiff is described in the of the joint adventure an asset the value statement of claim as a mining engineer, of which must not be forgotten their that is to say, a member of a highly name and influence in the local money trained profession. If he was to do work market. for the defendant and receive a salary,
Well, as I have said, the parties on I should have expected some figures to either sido agree what their respective Tu one sense it cannot be said that be mentioned, or at least one would look contributions are to be, present and prospecting and development, eg, of the for an express mention of salary as such, future. They then agree as to the ratio in well-known old silver mine workinge in it salary was really contracted for. One which the resulting gain is to be divided. Laa Tao Island, have in any way does not expect such an important term it matters nothing that one side were to conduced to the locating of iron deposits There were non-commissioned officers, of the contract to lurk modestly undertake and the other. The parties were at Man On Shan on the mainland. But sappers, and privates by the thousand the expression expenses of prospect at liberty to place upon their respective in a broad general way it might be fairly who passed through their carcers in the ing the amount being left entirely to contributions, the value it seemed good put that the discovery of iron ore was
23rd May Baigen 18th May, Bice. the good pleasure of the employer. I do to them and to agree that their gains a result of the general prospecting for Army without having a single bad entry Jebsen & Co... not wish to lay too much stress on this should be proportionate
minerals carried on ander the agreement recorded against them. point; still it is one to be considered.
KIANG PING, Chinese str., 1,222, H. Again, I do ant think that this is an
Then there is the argument that the Hore again I should perhaps have found
Udden, zath May-Chinking 19th agreement for co-ownership Mr. Potter agreement from which the capitalists may me facts on which I could say what the LATEST STEAMER MOVEMENTS. experts are bound indefinitely by an my task an easier one if I had before
May, General-Chinese. laid stress on the words three-fourths retire at any time. Now when a joint operations were, and how and where con-
KWANGTAH, Chinese str., 1,536, Sangster, and one-fourth interest. I can imagine adventure is entered into, the presumption ducted. I heve, however, something to
23rd May Shanghai 20th May Gen- an agreement, to construct a chattel such of course is that the partnership, if any, go on. Ang local resident knows that
eral-Chinese. - as a ship with the result of a joint owner-is to continue until the termination of the Chinese have mined, with what success 1 couver on the 22nd May, am
The C.P.R. str. Monteagle left Van LATSANG, British str., 2,224, E. J. Tadd, ahip upon completion. But here the adventure or undertaking.
22nd May-Moji 17th May, Coel— interest and ourselves one-fourth in this agreement is no more than a partner-
you are to have three-fourths here that the relation constituted under called Silver Mino Bay in Lan Tao. It for this port on the 25th May, at 3 p.m., MARIN LUTSA. American str. 313, E. J.
I may be cannot say, for silver ore at what is now The P. & O. str. Khyber left Singapore Jardine, Matheson & Co. what? Not in the mine or mines or in ship at will. But if it is not, I should area was prospected for silver. World The AL. str. Nippon left Shanghai for NAMBANO, British str., 2,591. H. F. Gilroy, was stated during the argument that the and is dus here on the 30th May, at about Cinage, 20th May Manila, 16th May, the minerals; but " in the venture."
Sugar. Order. You think that as a matter of common sense, it be a fair use of language to say that this port on the 26th May, and will arrive 22nd May-Calcutta 8th May, Gen- may of course have an agreement for 2 and quite apart from the law of partner operations had been conducted whereby single adventure or undertaking, and it is frequently very difficult to say whether ship, if the experts came to the conclusion a mining lease and licences (for working here on the 30th May
partnership docs or does not exist. I that it was no longer their interest to iron) were to be obtained, if in fact those The OPR str. Empress of 4na left PanA NANG, British str. Scott, 6th May
eral Jardine Matheson A Co 1858 the relationship between an author continue these operations, they would be operations included the whole investiga and is due to arrive at Kobo on the 27th & Co. NATAKAPORA Yokohama on the 28th May, at 5 am-Karatsu 1st May, Coal-A Buns and publisher for bringing out a book able to bring over the capitalists to their tion of the Lan Tao silver mine? Such a was held to be a partnership (see Reade way of thinking. I and at p. 141 of construction would be clearly repugnant May, at 5 am. r. Bentley, K. J. 050)
But Lord Palmer's Companies Procedents, Vol. I to common sense, Lindley Partnership. 7th ed., p. 60 cate agreement for purchase and resale 10th edition, Form 5, entitled, "A syndi- doubts whether it be not the dooteins that authors and publishers are of wines, Clause 3 is as follows guided no doubt by his knowledge of Per Goblenz, for Hongkong, from
for
terms are.."
correct
the 1906 agreement, nor does it occur in 700 abstainers. the first recital of this agreement. It is common ground that prospecting opora- In the first regiment he was in there was tions at any rate took place all over the not a single temperance man. At New Territories and its islands, and that Chatham, Fort Clarence had been closed traces of silver, and I think lead, were as detention barracks, which were no discovered in different places. Dora longer needed. The takings in the '' wet that work?
operations here cover the whole of canteen at the Royal Engineers' barracks
The canteen no longer paid its way, ao the who had dropped from £300 to 230 per month. it had been closed, and was now run on very different lines and under new con ditions.
goes I suppose on a roving commission, Take again another case. A prospector
PASSENGERS ARRIVED
・
8.8. BENLARIG FROM LEITH, MIDDLESBRO", ∙LONDON, AND STRAITS.
Marhat gil Goods are being Landed as their YONSIGNEES of Cargo are hereby informad 21st risk into the edges and/or after hangdons Godowas of the Hongkody and Kowloon Wharf and Godown Cai Liit, whatide änder from the warren delivery may be obtained.
querite, 33rd May Haiphong May, General-A R. Marty KALFONG, British str., 987, H. Mathias,
24th May-Hoihow 23rd May Gen KANSU, British str. 1,429, E. Monkman,
eral Butterfield & Swire.
KATHE, German str. 1,200, Christiansen, 25th May Bangkok 18th May, Rice,
Butterfield & Swire.
have left the Godowns, and all Goods remaining No Claims will be samited after the Goode
recented to the Undersigned on of before the undelivered after undelivered after the 27th inst, wil be subj
subject All Claims against the Steamer must be 3rd June, or they will not be recognised qu to be left in the Godowns, where they will ba All broken chafed and damaged Goods are examined on the 27th inst., at 11 inc
No Fire Insurance has been effaced. Bills of Lading will be osanteceded by
GIBB, LIVINGSTON & U., Agrants. Hongkong, 20th May, 1914055
1732
NOTICE TO CONSIGNEES
THE P.&O. 8. N. Co.'s Steame
BORNEO FROM ANTWERP, LONDON, MALTA Arrived Hongkong po 24th Asy, 1914. PORT SAID, JUEZ AND STRAFTS. Consignor of Cargo by the above-named PITSANULOE, German str., 1,287, Taubert, sel and hereby informed that thir goods are 30th May Svator 19th May, Gening landed and placed a feast aướm in the tral-Butterfield & Swire, Hongkong and Bowloon Wharf and Godowa PREMICS, British str., 1268, W. H. Barker Consignment will be sorted out bark by Mark Company & Godowns at Kowloo, whine each 23rd May Liverpool 18th April, General and delivery can be obtained ashe Goods was
Butterfield & wire landed. Asakawa, 241b May Shanghai 21st Instructions are
Optional Goods will be lande here unləm May General Nippon Yusen 1.5 hours,
to the extrary within Kaisha
Goods not pleared within 8 ays including SHINCHIR MARO, Japanes str., Den, date of arrival will be subject to ent Trxini, Dutch str., 3,815, 8. Oathuys, Damaged packages must be left in the 23rd May-Moji 18th May, Coal- No Fire Insurance will be stated by me in B1st May Maessar 15th May, Bugar. Godowns for examination by a Consignees Osaka Shosen Kaisha.
apy case whatever,
Jáva China Japon Eijn.
and the Company's surveyors, Mars. GODDARD and Dovaras, at 10 LX. on MONDAYS and THURSDAYS.. All Claims can be presented within ten days of the steamet arrival hers, after which date they cannot recognised.. No Claims will be admitted sat the Goods have left the Godowns.
Mr. Potter instanced A and B shall be managers of the geology and mineralogy and by his ex Sydney, etc., Mrs. H. Parkinson, Mr. SADO MARU, Japanese str., 2,860 K.
not partners at all.
a number of syndicate Clause per share shall be perience of similar formations elsewhere and Mra Krockenberger, Consul R. reasons why it would not be possible to paid to the managers forthwith and they He may knock pieces off rocks, take Wahlen and family, Mr. H. Lorenzer, hold that the parties intended a partner may from time to time make calls on the sanules of earths and sand, arvert M. and Mrs. A. Rohrmann, M. G ship relation. He laid great stress upon members in proportion to their shares, streams, dig, tunnel, or drill. All this is Heine, Mrs. Zuckschwordt, Mra. F.. A. the entire absence of the words partner but no member is liable to pay more than certainly prospecting. But when any Bradley, Mr. J. O. Wiseman, Mrs. or partnership from the agreement, and the amount of his shares. Clause 6-The specific toiversi, tin, for instance, or Grayam, Mr. H. P. Linnell, Miss M. urged that Mr. Deacon, the plaintiff's managers shall have the entire control of traces of it are found, then the enquiry Linnell, Mrs. M. Young, Mr. 1 d. solicitor, who revised and passed the the affairs of the Ayndiente, and may narrows and becomes specialised, The Janeway, Mr. 8. O. Scudder, Mr. and draft as finally altered, would have conduct the samo in such manner as they question no longer a whether any and Mrs. L Hemmerdinger, Mr. and Mrs. insisted upon some such term if partner think best, Clause 7--It is expressly what mineral is present, but in what Paul Morgan, Mr. H. Reed, Mr. B. de ship was intended. Now it 18 not of declared that the managers if they think quantities is this particular one present Hazafios and family, Mr. J. N. Matthews, course at all necessary that partnership, fit (a) may sel the mines to a person or what percentage does the ore yield, is Mr. 0. J. Aufin Orát and valet, Mr. ASHIRE LINE OF STEAMERS, LTD. even when evidenced by a written agree firm or company; (b) may form and float, the ore of a refractory rature The Heise, Mr. and Mrs. J. Ping, Mr. H. C. ment, should be proved by the use of or procure the formation and foating particulars of expenses cover I believe willson, Mrs. C. Willson, Mrs. CurrRD terms of art. You must take the agree of a company to purchase the mines; (e) the wages of an aaaying chemist. Bet Miss M. Curran, Mr. Hasselbarth, ment as a whole. But, still no such may fix the price and agree to accept chemical analysis of some particular ore Rez. Behamana and family, General terms are to be found, that is an element any part of it, in fully paid up shares of silver, lead or tin cannot be described Messner, Sister E. Wirtz, Sister E. which must not be overlooked
or debentures or otherwise; (d) may keep as operations whereby an iron deposit Vickershoff, Capt. C. Filok Me T the mines going until disposed of has been discovered
The question then is whether the terms voziture, joint venture, joint venturera
PASSED THE CANAL
are not used as the equivalent of the members purport to limit their own that the parties meant here by operations Bakowitz and Mr. A. N. Forbes,
Now the noticeable points, ara (1) the Ithink the conclusion then is irresistible Soranzo, Mr. G. M. Risson, Mr. M. M. terms partnership and partnera. Sir liability, (2) the entire control and these only that hava directly conduced Frederick Pollock his very valuable conduct of the syndicats and the fullest to the application for the lease and digest of the Law of Partnership observes possible powers of sale are vested entirely licences covering the iron mine at the marginal note being joint in the two managers. The note of the adventure Boottish writers make a learned author is as follows: Byndi linked generally on to the earlier recital Again, the word "operations" not 19206 difference between partnership proper cates are sometimes found under an The wording is tot by the operations and joint adventure, which is thus agreement as above, but the agreement inder the said agreement, etc. On the desned in Bell's Principles, art. 392: constitutes a mere partnership, and the
dont advuture or joint trade is a members are therefore individually contrary the second recital sunsopeen limited partnership, confined
B responsible for what the managers do conducted whereby, et "Whereby and tions (scilicet, some operations) have been particular adventure, speculation, coure without any real limit of of "bråde or voyage; and in which the These objections to a syndicate ag the words following in my opinion quali partners, either latent or known, use co sow very commonly induce the formation fy the word "oparations and limit it fire or social name, and incur no respan- sibility beyond the limits of the suven following are a few examples of the cases the iron mine. So in recital said of an incorporated syndicate The to those particular ones connected with three do not find that the incidents in which syndicates are commonly found operations must have the sazne restrict of a joint adventure na far sit(1)A has patent for an invention ed meaning. Again in the 4th recital the extends can be distinguished from those but no capital. The utility of the inven- or connection with the iron deposite word operations is clearly limited to of partnership; but whatever the tion is fairly obvious, but it requires Bo importance of the distinction may be, it
and the iron mine. Bo in clause 3 of
12
May 1stDen of Ogil, Malta, Seguera, April sathen of Airlie. Rhesus
May 5th-Bencleuch Ceylon, Lonang, May eth Goeben, Kitano Maru, Neru,
Africa, Sign, Tokushima Maru Peleus, Titan, Folentia, Patricia
May 12th-Glenstrae, Khiva, May 15th-athall, Helenus, Fungiste, l'utrich, St. Hilda, Ville de la Ciotat, Preussen
day 10th Austria, Benlawers, Der May, 22nd Chili, Hyson, Ivo Maru, finger, Suciu Aunars
Karemba, Kashima Maru, Peking.
NOTICE TO CONSIGNEES
FROM EUROPE, Erc, THE Steamship
CARNARVONSHIRE" having arrived from the above Forte, Consigues of Cargo by her are hereby informed that al Goods are being Isnied at their risk into the Lasardous and/or extra hazardous Godowns of the Hongkong and Kowloon Wharf Godown whence sad or from the wharves may be obtained
Goods not cleared by the et Juce, at 6v.x, will be to
examined on the 30th just, at 9,30 AM
VALVE Dhaled and damaged packages
aro to be left in the Godowns, where they will be
Claims against the Steamer must be presented within 30 days of arrival, otherwise they will
recognized,"
ot
Be
No Fire Insuranos will be effected by un iz | any cake whatever.
Bill of Lading will be countersigued by
JARDINE, MATHESON & Co., Lo.. Mustela Arenta. Pongkong, 25th May, 1914.
[49
EA HELEguy.
Sapentendent. Hongkong, 25th May, 1914.
FOR EUROPE AND AERICA,
INDIA, AUSTRALIA,
and for PRIVATE RESIDENTS AT THE OUTPORTE A Comprehensive and Compte Record NEWS OF THE FAREAST- is given in the ONGKONG ANTEEKLY
H
RESE
with which is incorrated
ZZI CHINTA OVERLAND TO REPTIL Subscription, paid in idvanot $18 per sunum. Pago
12 10 BEY part
the World